KeyDownload may monitor or review your conduct on any of the services offered by KeyDownload (referred to collectively as the "Service").
In using the Service you agree not to:
• Use it for illegal purposes;
• Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
• Collect or disseminate information about other users, including e-mail addresses, without their consent, or otherwise invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights);
• Use the Service in a manner, or transmit material through it, that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
• Copy or use any portion of the designs by KeyDownload or third parties or output from designs by KeyDownload or third parties other than as expressly provided by the Service;
• Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; or
• Engage in any other conduct which, in KeyDownload's sole discretion, is considered inappropriate, unauthorized or objectionable.
YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL NOT TRANSMIT ANY IMAGES OR OTHER CONTENT OVER OUR SERVICE UNLESS YOU HAVE THE NECESSARY RIGHTS, INCLUDING ANY COPYRIGHT RIGHTS, TO DO SO.
2. Legal Protections
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KEYDOWNLOAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. KEYDOWNLOAD MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT KEYDOWNLOAD DOES NOT CONTROL CONTENT, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL KEYDOWNLOAD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF KeyDownload HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall KeyDownload's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed amounts paid to it by you over the prior 12 months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The term of this Agreement will commence upon your use of the Service and will survive even after you have stopped using the Service.
6. Modifications to the Service or Legal Terms
7. KeyDownload's Right to Terminate or Modify Services
KeyDownload may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event KeyDownload, Inc. modifies the Agreement or the Services, you may terminate the Services. KeyDownload, Inc. may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at KeyDownload, Inc.'s sole discretion. KeyDownload may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from KeyDownload, Inc. to effect such termination. Upon any termination of this Agreement (whether by you or KeyDownload), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
8. Service Use Restrictions
You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Services; (ii) modify, translate, distribute or create derivative works of the Services; (iii) rent, lease, transfer, or otherwise transfer rights to the Services; and (iv) remove any proprietary notices or labels on the Services. You may only use the Services for your private, non-commercial use. You may not use the Services in any way to provide, or as part of, any commercial service or application.
You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file. The Service embodies a copy management system required by the laws of the state of Israel and you may not circumvent or attempt to circumvent this system by any means.
In addition to any other remedies available in equity or law to KeyDownload and KeyDownload's Content suppliers, failure to comply with any of the terms and conditions in this Section 8, Service Use Restrictions, shall immediately terminate your license to the Content and the Services.
9. Personal Information and Privacy